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CAP 50-03 Customs and Excise Duty Act - BURS

CAP 50-03 Customs and Excise Duty Act - BURS

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copies of the relative invoices issued by him.<br />

(VIII) The supply or sale of rebated fuel under cover of invoices or declarations which are not<br />

completed in all respects shall be regarded as being in conflict with the manner <strong>and</strong><br />

conditions mentioned in this subparagraph <strong>and</strong> such supplier or reseller shall be liable for<br />

the duty thereon as provided for in section 84(5) to (10) of the <strong>Act</strong>:<br />

Provided that a supplier or reseller shall be allowed a period of 60 days from the date<br />

of receipt of a blanket declaration which is not complete in all respects to have such<br />

declaration completed.<br />

(IX) Any supplier of rebated fuel shall keep a monthly reconciliation of opening stock, receipts,<br />

total supplied, sold or used <strong>and</strong> closing stock of such fuel <strong>and</strong> shall render to the proper<br />

officer in addition to the return specified in sub-subparagraph (XIII) such returns in the form<br />

<strong>and</strong> at the time as the Director may determine.<br />

(X) (a) Any reseller of rebated fuel shall be registered with the proper officer to obtain such<br />

fuel;<br />

(b) Any reseller of rebated fuel shall keep a bound register in which at least the following<br />

particulars shall be entered on a daily basis-<br />

(i) total purchases <strong>and</strong> total quantity supplied, sold or used in respect of each of the<br />

rebated fuels subject to the different extent of rebate of duty;<br />

(ii) total quantity of rebated fuel supplied or sold at a price which includes the full<br />

duty or used or disposed of in any circumstances which render it liable to such<br />

full duty;<br />

(iii) purchases <strong>and</strong> sales of distillate fuels or residual fuel oils at a price which<br />

includes the full duty.<br />

(c) The register shall be balanced on a three monthly basis <strong>and</strong> opening <strong>and</strong> closing<br />

stocks as well as any deficiency or surplus must be reflected therein;<br />

(d) The register shall contain a declaration certifying to the correctness of all entries made<br />

therein. Such declaration shall be entered in the register at the end of each three<br />

monthly period <strong>and</strong> shall, in the case of a sole proprietorship be given by the owner, in<br />

the case of a partnership by a partner <strong>and</strong> in the case of a company by a director,<br />

manager, secretary or accountant;<br />

(e) The books, documents <strong>and</strong> stocks of a person registered under this subparagraph<br />

(hereinafter referred to as a "registered person") shall at all reasonable times be open<br />

for inspection by the proper officer;<br />

(f) A registered person shall notify the proper officer immediately, or in advance, of any<br />

change, no matter of what nature, in his legal identity, the name under which he trades<br />

<strong>and</strong> the address of his premises;<br />

(g) The Director may, at any time, call upon the registered person to submit a statement of<br />

account in a form approved by him;<br />

(h) Any reseller who supplies, sells, disposes of or uses rebated fuel without the<br />

declaration mentioned in sub-subparagraph (II) having been obtained or in any manner<br />

whatsoever in circumstances where the full duty is due in terms of section 84(5) to (10)<br />

of the <strong>Act</strong> <strong>and</strong> these Regulations, shall purchase distillate fuel or residual fuel oil from<br />

the supplier at a price inclusive of the full duty in substitution of rebated fuel for the<br />

Copyright Government of Botswana

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